Legal Question in Bankruptcy in Maryland

Re: chapter 13

You maybe able to file another chapter 13. If first was dismissed without prejudice, you would be able to refile right away (and 109g doesnt apply). However, if the prior was dismissed with prejudice, you generally wouldnt be able to refile for 180 days. If the time limit to refile has passed, then you maybe able to refile. You certainly may contact me to discuss the matter in more detail.

Re: chapter 13

Unless you can show cause for a re-filing, your original petition will stand. I assume from your scantly worded question that your petition has been confirmed (and likely not discharged at this date). You make no mention as to whether the subject creditor is secured or unsecured. In the 4th Circuit, you are not likely to prevail with a request to amend and add a creditor as judges here tend to adhere closely to the rule that no creditor will be added to the array past the deadline. Ensuring bankruptcy protection requires complicity with the code and utmost honesty and presentation before the court.

Where the plan provides for distribution only on timely claims, the court applies that the filing of a late claim (and hoping no one objected) is generally not an option. In situations where the debtor's petition is not discharged, the debtor should take the initiative and file a protective claim on behalf of the creditor and be prepared to show "excusable neglect" so as to avoid non-inclusion of the debt within the petition. Again, I have no idea where you matter lies and I suggest you re-submit your question to LawGuru.

If you had an attorney prepare your bankruptcy filing, you should go back to that attorney (assuming you are pleased with his/her services). If you prepared your filing without the assistance of an attorney, seek one now as it appears that you may have overlooked certain matters.